ULMER

v.

UNITED STATES

Citator

Cited By (18 total)

• United States v. Wright, 932 F.2d 868 (10th Cir. 1991)
  …ourt should consider factors such as the likelihood that the trial could soon proceed with the defendant present, the difficulty of rescheduling, and the burden on the Government. United States v. Rogers, 853 F. 2d 249, 252 (4th Cir.), cert. denied, 488 U.S. 946, 109 S.Ct. 375, 102 L.Ed.2d 364 (1988); Peterson, 524 F. 2d at 185; Tortora, 464 F. 2d at 1210. Generally, the balance will favor proceeding without the defendant only in multi-defendant trials. Rogers, 853 F. 2d at 252; Tortora, 464 F. 2d at 1210 n…
• United States v. Noriega, 917 F.2d 1543 (11th Cir. 1990)
  …85 S.Ct. 1628, 1632, 14 L.Ed.2d 543 (1965) (The right to a fair trial is so basic to our legal system that it has been called “the most fundamental of all freedoms.”); In re Application of Dow Jones & Co., 842 F. 2d 603, 609 (2d Cir.), cert. denied, 488 U.S. 946, 109 S.Ct. 377, 102 L.Ed.2d 365 (1988) (“When the exercise of free press rights actually tramples upon Sixth Amendment rights, the former must nonetheless yield to the latter.”). Furthermore, the Supreme Court has held that “[t]he First Amendment g…
• THE News-Journal Corp. v. Honorable S. James Foxman, 939 F.2d 1499 (11th Cir. 1991)
  …irst Amendment interests must yield to the “most fundamental of all freedoms,” the right to a fair trial for the accused. Estes, 381 U.S. at 540, 85 S.Ct. at 1632; see In re Application of Dow Jones & Co., 842 F. 2d 603, 609 (2d Cir.), cert. denied, 488 U.S. 946, 109 S.Ct. 377, 102 L.Ed.2d 365 (1988) (“When the exercise of free press rights actually tramples upon Sixth Amendment rights, the former must nonetheless yield to the latter.”). “Newspapers, in the enjoyment of their constitutional rights, may not…

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